Legislative Process - General Article - Compendium of Procedure Home - House of Commons . Canada More information—Legislative Process Overview Law-making is one of the most significant tasks of Parliament. It is therefore not surprising that the legislative process takes up a major portion of Parliament’s time. The parliamentary stages described here are the culmination of a much longer process that starts with the proposal, formulation and drafting of a bill. In the Parliament of Canada, as in all legislative assemblies based on the British model, there is a clearly defined method for enacting legislation. A bill must go through a number of specific stages in the House of Commons and the Senate before it becomes law: notice of motion for leave to introduce a bill and to place it on the Order Paper; preparation of a bill by a committee (where applicable); introduction and first reading; consideration and passage by the Senate; passage of Senate amendments by the Commons (where applicable); Royal Assent, and coming into force. All bills must go through the same stages of the legislative process, but they do not necessarily follow the same route. Three possible avenues now exist for the adoption of legislation: After appropriate notice, a Minister or a Member may introduce a bill, which will be given first reading immediately.

The bill is then debated generally at the second reading stage and sent to a committee for clause-by-clause study. A Minister may move that a bill be referred to a committee for study before second reading. A Minister or a Member may propose a motion that a committee be instructed to prepare a bill. A bill will be presented by the committee and carried through the second reading stage without debate or amendment. Regardless of the avenue that the sponsor decides to take, the bill will then have to pass through report stage, be read a third time, and be sent to the Senate for passage before receiving Royal Assent. The process is complex, but a bill can become law only once the same text has been approved by both Houses of Parliament and has received Royal Assent. Detailed Articles Stages in the Legislative Process Notice The introduction of any public bill requires 48 hours’ written notice. A Member or a Minister who intends to introduce a bill in the House of Commons must first give notice to the Clerk of the House before 6:00 p.m. (2:00 p.m. on Friday). The title of the bill to be introduced is then placed on the Notice Paper for the next sitting of the House.

The day after it appears on the Notice Paper, the title of the bill will appear in the Order Paper for introduction in the House. The title will remain on the Order Paper until the day on which the Member or Minister decides to introduce the bill. Once notice is given for the introduction of a bill, no further notice is required for motions to consider the bill at the other stages (with the exception of motions to amend at the report stage and motions to deal with Senate amendments). There are separate requirements that apply to the notice for private bills. There are special rules dealing with the introduction of bills that involve the expenditure of public funds and bills that are based on ways and means motions. Detailed Articles Top Introduction and First Reading of a Bill The first real stage in the legislative process is the introduction and first reading of the bill in the House of Commons. Once the notice period has passed, the Member or Minister seeks leave to introduce his or her bill when the item “Introduction of Government Bills” or “Introduction of Private Members’ Bills” is called during Routine Proceedings. A Member normally provides a brief summary of the bill he or she is introducing.

A Minister rarely provides any explanation when requesting leave to introduce a bill but is permitted to and may do so later, under “Statements by Ministers”, during Routine Proceedings. Detailed Articles Top Second Reading and Referral of a Bill to a Committee The second reading stage of the legislative process gives Members an opportunity to debate the general scope of the bill. Unless a bill has been referred to a committee prior to second reading, debate at this stage must focus on the principle of the bill and, accordingly, the text of the bill may not be amended before being read a second time and referred to committee. The motion for second reading may be amended. Three types of amendments are permitted: a three months’ or six months’ hoist, which seeks to postpone consideration of the bill; a reasoned amendment, which requests that the House not give second reading to a bill for a specific reason; or a motion to refer the subject matter of the bill to a committee. Detailed Articles Top Referral of a Bill to Committee Before Second Reading A Minister may move that a government bill be referred to a committee before second reading. Doing so allows members of a committee to examine the principle of a bill before it is approved by the House of Commons and to propose amendments to alter its scope.

This procedure can also apply to bills based on ways and means motions. After the committee reports the bill to the House, the next stage is essentially a combination of the report stage and second reading. Members may propose amendments, after giving written notice two sitting days before the bill is debated in the Chamber. Once agreed to at report stage and read a second time, the bill is slated for third reading. Detailed Article Top Committee Stage of a Bill Most bills are referred to the standing committee the mandate of which most closely corresponds to the bill’s subject matter. However, the House may choose to refer a bill to a legislative committee, a distinct type of committee created solely to undertake the consideration of legislation. A legislative committee is appointed by the House on an ad hoc basis to deal with a particular bill and ceases to exist once it presents its report to the House. This type of committee may also be created to prepare and bring in a bill. The role of the committee is to review the text of the bill and to approve or modify it. It is at this stage that witnesses may be invited to appear before the committee to present their views and answer members’ questions. Once the witnesses have been heard, the committee proceeds to clause-by-clause study of the bill.

It is at this point that members may propose amendments to the bill. Each clause is considered separately. Once all the parts of the bill have been considered and adopted with or without amendment, the committee votes on the bill as a whole. Once the bill is adopted, the Chair asks the committee for leave to report the bill to the House. Committees must report to the House on all bills referred to them. If numerous amendments have been adopted, the committee may order that the bill be reprinted for the use of the Members at report stage. Detailed Articles Top Report Stage of a Bill Following consideration in committee, there is an opportunity for further study of the bill in the House during what is known as report stage. Members, particularly those who were not members of the committee, may, at this stage, propose motions to amend the text of the bill. Written notice is required and debate focuses on the amendments and not on the bill as a whole. Generally, the same rules relating to the admissibility of amendments proposed at committee stage apply to those at report stage. However, in order to prevent report stage from merely becoming a repetition of committee stage, the Speaker is authorized to select and group amendments for debate.

The Speaker also determines whether each motion should be voted on separately or as part of a group. This ruling is made at the beginning of the report stage debate. The Speaker will not normally select any amendment that was considered or that could have been considered in committee or amendments that were ruled inadmissible in committee. When deliberations at report stage are concluded, a motion is put forward to approve the bill (with any amendments). The question is put immediately, without amendment or debate. The wording of the motion will vary depending on whether or not the original bill was amended, and on the stage at which the amendments were made. There is no debate at report stage unless amendments are proposed. If the bill as reported by committee is adopted at report stage with no amendments, it may go immediately to third reading for adoption. A bill that has been reported by a Committee of the Whole, with or without amendment, must be put to a vote immediately at report stage and may proceed to third reading the same day. Detailed Articles Top Third Reading and Adoption of a Bill Third reading is the final stage a bill must pass in the House of Commons. It is at this point that Members must decide whether the bill should be adopted.

Debate at this stage of the legislative process focuses on the final form of the bill. The amendments that are admissible at this stage are similar to those at second reading stage. Amendments for a three- or six-month hoist as well as reasoned amendments are permitted. An amendment to recommit the bill to a committee with instructions to reconsider certain clauses is also acceptable. Third reading and passage of a bill are moved in the same motion. Once the motion for third reading has been adopted, the Clerk of the House certifies that the bill has passed. The bill is then sent to the Senate with a message requesting that it consider the bill. Detailed Articles Top Senate Consideration The Senate follows a legislative process that is very similar to the one in the House of Commons. In cases where the Senate adopts a Commons bill without amendment, a message is sent to the House of Commons to inform it that the bill has been passed, and Royal Assent is normally granted shortly thereafter. Since most government bills originate in the House of Commons, the Government sometimes requests that the Senate consider a bill as quickly as possible.

The Rules of the Senate of Canada provide for a procedure known as pre-study whereby the subject matter of a bill that has been introduced in the House of Commons but has not yet been sent to the Senate is sent to a Senate standing committee. In this way, the Senate can consider the bill and form its opinion even before it receives the bill from the House of Commons. When the bill is received, the Senate is then in a position to adopt or amend it within a very short time frame. The Senate often makes amendments to bills, some of which involve corrections to drafting errors or improvements to administrative aspects. The House normally accepts such amendments. If the House does not agree with the Senate amendments, it adopts a motion stating the reasons for its disagreement, which it communicates in a message to the Senate. If the Senate wishes the amendments to stand nonetheless, it sends a message back to the House, which then accepts or rejects the proposed changes. If an agreement cannot be reached by exchanging messages, the House that has possession of the bill may ask that a conference be held, although this practice has fallen into disuse.

Detailed Articles Top Royal Assent and Coming into Force of a Bill The ceremony of Royal Assent is one of the oldest of all parliamentary proceedings and brings all three elements of Parliament together (the Crown, the Senate and the House of Commons). Royal Assent is the stage that a bill must complete before officially becoming an Act of Parliament. A bill will not be given Royal Assent unless it has gone through all of the stages of the legislative process and has been passed by both Houses in identical form. Royal Assent may be granted in one of two ways—through a written procedure and through the traditional ceremony, during which Members of the House of Commons join their Senate colleagues in the Senate Chamber. The written procedure involves the Clerk of the Parliaments (the Clerk of the Senate), or his or her deputy, meeting with the Governor General, or his or her deputy, to present the bills with a letter indicating that they have been passed by both Houses and requesting that the bills be assented to. An Act that has been given Royal Assent in written form is considered assented to on the day on which the two Houses of Parliament have been notified of the declaration.

The Royal Assent Act preserves the traditional ceremony by requiring that it be used at least twice in each calendar year, including for the first bill in each session that authorizes government spending. The traditional procedure for Royal Assent involves a formal ceremony that takes place in the Senate Chamber. When the House is sitting, it suspends its proceedings in order that its Members may proceed to the Senate Chamber, where the Governor General or his or her deputy grants Royal Assent. Once a bill has been granted Royal Assent, it becomes law and comes into force either on that date or at a date provided for within the Act or specified by an order of the Governor in Council. Detailed Articles Senate of Canada - Fact Sheet - The Senate and legislation Home > About the Senate > The Senate and Legislation The Senate and Legislation The Parliament of Canada examines legislation in a wide variety of areas in the form of bills. There are two types of bills: Public bills, which deal with public policy; and Private bills, which convey special rights or powers on a particular individual or a specific group. Most bills considered by Parliament are public bills.

While bills can be introduced either in the Senate (in which case their number is preceded by the letter S) or in the House of Commons (in which case their number is preceded by the letter C), the Senate cannot initiate money bills (i.e. bills imposing taxes or providing for the collection or spending of public money). Bills can be introduced either by the Government (i.e. a Cabinet minister) or by private members (i.e. a senator or a member of the House of Commons). All bills must be considered and passed by both the Senate and the House of Commons before receiving Royal Assent from the Governor General, the final step in a bill’s passage into law. Passing Bills in the Senate Passing bills in the Senate is similar to passing them in the House of Commons. There are five steps: First reading 1 The Senate receives the bill, and it is printed and circulated among senators. This is an introductory proceeding in the Senate Chamber and takes place without debate or vote. Second reading Senators debate the principle of the bill in the Chamber: Is the bill good policy? To help with this process, the Senate may refer the subject matter of the bill to a Senate committee for closer examination before voting on whether to proceed with it.

Committee stage The Senate refers the bill to one of its committees. The committee may invite Cabinet ministers, Government officials, experts, and members of the public who have an interest in the bill to share information and perspectives in public hearings. Committee members then study the bill clause by clause. Members of the committee may propose changes to the bill (known as amendments) during this process. After it has completed the clause-by-clause analysis, the committee adopts a report on the bill. The report will recommend to the Senate that the bill be accepted as is; that it be accepted with amendments; or that it be rejected. Committees often also append observations to their report. These comments may highlight issues raised by the committee’s study of the bill. Report stage If the committee’s report recommends adopting the bill as is (i.e., with no amendments), there is no report stage in the Senate and the bill goes directly to third reading. If, however, the report suggests amendments to the bill, senators must debate the report in the Senate Chamber and either accept, amend, or reject the amendments, in whole or in part. Third reading This is the final stage of debate in the Chamber.

Senators may propose further amendments at this stage before voting to pass or reject the bill. If the bill was introduced in the Senate, it is sent to the House of Commons, which will examine it in a similar three-reading process. If the bill was introduced in the House of Commons and was not amended in the Senate, it is now ready for Royal Assent. If a bill introduced in the House of Commons and was amended in the Senate, a message about the amendments is sent to the Commons, asking for their agreement. If the Senate and the House of Commons do not agree on the contents of a bill, they may propose amendments until they reach agreement. Once the two Houses agree on a final version, the bill is granted Royal Assent by the Queen or one of her Canadian representatives (usually the Governor General or a deputy), making it law. 1 “Reading” is the term used for a stage in the consideration of a bill in a House of Parliament. It is a holdover from the early days of the parliamentary tradition in Britain before mass reproduction was available.

A clerk would read the bill aloud to those assembled in the Chamber: hence the term “reading.” Today, of course, printed copies of bills are circulated and the bill number, and sometimes title, is all that is read aloud. Passage of a Bill - UK Parliament Passage of a Bill Bill starting in the House of Commons House of Commons Bill starting in the House of Lords House of Lords Royal Assent Guide to the passage of a Bill A Bill is a proposal for a new law, or a proposal to change an existing law, presented for debate before Parliament. A Bill can start in the Commons or the Lords and must be approved in the same form by both Houses before becoming an Act (law). This guide shows the passage of a Bill through Parliament and provides further information about each stage of the process. Parliament of Victoria - 10. Bills 10. Bills Information Sheet 10 - Bills What is a Bill and what does it contain? A Bill is a proposed law presented in the form of a draft Act of Parliament. Most Bills introduced into the Victorian Parliament consist of the following: a. an explanatory memorandum attached to the front of the Bill that briefly outlines the provisions contained within the main body of the Bill; b.

a long title describing the Bill's main purpose(s); c. a short title – for example, the Unclaimed Money Bill 2008; d. enacting words – a short statement identifying the authority by which the proposed law is to be made. In Victoria, Bills state that 'The Parliament of Victoria enacts:'; and e. the main body of the Bill containing its various provisions which are divided into clauses and sub-clauses. On occasions appendices, referred to as Schedules, are included in Bills. These contain information which cannot easily be included in the form of clauses. Although inserted infrequently in recent years, Bills can also contain a preamble, which is placed between the short title and the enacting words and outlines the proposed legislation's scope and objectives. What types of Bills are there? Bills in Parliament can be divided into two broad groups: Government Bills and Private Members’ Bills. Government Bills — Government Bills are by far the most common type of Bill introduced into Parliament. They are Bills which are introduced by Government Ministers, and therefore represent the official policy direction of the Government.

Private Members’ Bills — Private Members’ Bills on the other hand are those Bills introduced into Parliament by a Member who is not a Government Minister, be they a backbench Member of the governing party, or a Member of the Opposition or minor parties. Because they cannot guarantee support from the governing party, who hold a majority of seats in the Legislative Assembly, Private Members’ Bills are rarely enacted into law. Private Members’ Bills should not be confused with Private Bills. Private Bills are Bills affecting the rights and interests of individual persons or corporate bodies, and do not affect the wider public. This is in contrast to Public Bills, which can have implications for a majority of Victoria’s residents. Private Bills are generally sponsored by the individual or body affected by the Bill. What are the usual steps in drafting Public Bills? Bills emanate from the ideas, commitments and policies of political parties, individual parliamentarians and others, including the public service, industry associations, trade unions and pressure groups. These proposals for reform normally begin as general statements and principles which need to be developed into detailed clauses if they are to become Acts of Parliament.

In the case of Bills initiated by the Government (and most Private Members' Bills), it is the Office of Parliamentary Counsel's role to undertake this form of detailed drafting. Once a draft version of a Bill has been formulated, it is normally circulated to interested parties for comment which will often lead to further redrafting by Parliamentary Counsel. In the case of Government Bills, the approval of Cabinet (which previously will have given in principle approval to the draft legislation) and the parliamentary party is required before the Bill is introduced into Parliament. Passage of a Bill through the Legislative Council Initiation In the case of Bills introduced into Parliament in the Legislative Council, the Minister (or the Member responsible in the case of Private Members' Bills) usually gives notice of intention to bring in the Bill on the next day of meeting. However, on occasions, such Bills are brought in, by leave (with the House's permission), without notice. Bills that have previously been initiated and dealt with by the Legislative Assembly, are not introduced into the Legislative Council through the giving of notice but through a 'Message' (See ' Subsequent proceedings ') from the Assembly which is read out by the Council's Presiding Officer, the President.

The overwhelming majority of Bills initiated in the Victorian Parliament fall into this latter category. For instance, in the 56th Parliament only, only 19 of 368 bills (5.2%) were initiated in the Legislative Council. First Reading Immediately after the Bill has been brought in, the Member in charge of the Bill moves ‘That the Bill be now read a first time’. There is no debate on this motion. After the Bill has been read a first time, a day is fixed for its second reading. Only by leave of the House can the second reading occur on the same day as the Bill's introduction. Second Reading The second reading stage is where the broad principles underlying the Bill are considered by the House. In moving that the Bill be read a second time, the Minister or Member in charge of it gives a speech outlining the major proposals contained within the Bill. A Bill introduced into Parliament through the Legislative Council remains confidential and is not a public document until the second reading speech has been delivered. This does not apply if the Bill has already been dealt with by the Legislative Assembly.

At the conclusion of the second reading speech, if the Bill has been initiated in the Legislative Council, debate is normally adjourned for two weeks to allow all Members sufficient time to digest and analyse the Bill's provisions. (It also allows the Parliament's Scrutiny of Acts and Regulations Committee sufficient time to analyse the Bill and formally report to Parliament). If, however, the Bill has previously passed through the Legislative Assembly, debate is usually adjourned for one week. When a Bill originating in the Legislative Assembly has passed that House and is introduced into the Council, current Standing Orders permit the Minister, on the Order of the Day being read for the second reading, to make introductory comments on the Bill, including a statement of any amendments made by the Legislative Assembly which have been reflected in the second reading speech. The Minister may then move a motion without notice for the incorporation of the second reading speech of that Bill into Hansard. If the Minister chooses to do this, the second reading speech is not actually read out in the House. In the case of Bills originating in the Legislative Council, the Minister may move a motion for the incorporation of the second reading speech only by leave (unanimous agreement) of the House.

The same requirements, as outlined previously, in relation to Bills with implications under section 85 of the Constitution apply to Bills originating in the Council. When debate resumes on the second reading, it is wide ranging and can include issues such as alternatives to the proposals contained in the Bill. Members may speak only once on the second reading and are not, under the current Sessional Orders, constrained by time limits. Committee stage If a Bill passes the second reading stage, and the House wishes to consider the Bill's contents in detail, the Bill can proceed to: Referral to a parliamentary committee - Bills may be referred to a parliamentary at any time after the second reading and before the third reading stage to provide for more detailed scrutiny of legislation than may be possible in the House. In the 57th Parliament, three Legislation Committees have been established which examine Bills referred to them by the House. Committee of the whole — This consists of all Members of the House, other than the President who leaves the Chair, with the Deputy President presiding. During this stage, the Bill can be dealt with clause by clause if necessary.

Members may speak any number of times on the clause(s) under consideration and may ask questions of the Minister (or private Member) who has carriage of the Bill. Members may also propose amendments to clauses, or the insertion of new clauses, within the Bill during this stage. These stages can be waived with the House's unanimous consent, which often occurs in relation to minor or non-contentious legislation. For example, of 368 bills dealt with by the Legislative Council during the 56th Parliament, only 151 (41%) proceeded to Committee of the Whole stage. Third Reading This stage is usually a formality and rarely includes further debate. If debate does occur, it is restricted to the Bill's contents. If the third reading is agreed to, the Bill is passed and sent to the non-initiating House seeking its concurrence. Subsequent proceedings A Bill must then pass the same stages in the other House before it can become law. If the other House amends the Bill, it is referred back to the initiating House for further consideration.

All formal communication between the Houses concerning a Bill's passage is through a document known as a 'Message' which is signed by the Presiding Officer of the House (the President in the Legislative Council and Speaker in the Legislative Assembly). The Message accompanies the Bill and is delivered by one of the Table Officers (usually the Usher of the Black Rod or the Serjeant-at-Arms). If agreement is reached between the Legislative Council and Legislative Assembly, the Bill becomes an Act of Parliament after receiving Royal Assent from the Governor of Victoria. The Act becomes law and comes into operation: on the day of Royal Assent; or on a day(s) specified in the Act; or on a day to be proclaimed by the Governor. Statements of Compatibility Section 28 of the Charter of Human Rights and Responsibilities Act 2006 states that all Bills introduced into Parliament are required to be accompanied by a statement of compatibility. The statement must be tabled in each House before the second reading speech is given. The statement must state whether, in the opinion of the Member introducing it, the Bill is compatible with human rights and, if so, how it is compatible.

If, in the member's opinion, any part of the Bill is incompatible with the Charter, the statement should explain the nature and extent of how the Bill is incompatible. If a Bill is amended and the amendments affect Charter rights provisions, the statement of compatibility must be updated before the Bill is introduced into the next House. Once tabled, statements of compatibility are then printed in Hansard. Statements of compatibility are used to inform Members of Parliament whether a Bill is likely to infringe upon human rights listed in the Charter. The statement is also examined by the Scrutiny of Acts and Regulations Committee as part of their consideration of the Bill. Statements of compatibility are not legal documents however and are not binding on any court or tribunal. How does the Legislative Council deal with Private Bills? Occasionally, the Legislative Council receives a Bill that the President considers to be a Private Bill. Following the second reading speech and before debate commences, the Bill is declared to be a Private Bill and a motion will be moved that the Bill be dealt with as a Public Bill. Unless the Council determines that fees should be waived, the individual or body sponsoring the Bill is then required to pay a deposit the amount of which is determined by the President.

In addition, the sponsor must meet all costs of the Bill's printing and circulation and other expenses related to the Bill's passage. When the sponsors of Private Bills are charitable institutions, it is usual to exempt them from incurring costs. In all other respects, the Legislative Council deals with Private Bills in the same way as Public Bills. What is special about Appropriation Bills? Appropriation Bills concern government appropriation, expenditure or taxation. These are the Bills that provide the Executive with the financial means to govern. In the past, Victoria’s Constitution allowed the Legislative Council to accept or reject such Bills but prevented it from initiating or amending them. In having the power to reject Appropriation Bills, the Legislative Council had the means to block supply to the Government. This has changed through reforms introduced under the Constitution (Parliamentary Reform) Act 2003, which have removed the Council’s ability to block supply. The Council can still debate and consider Appropriation Bills but, if within a month of such a Bill passing the Assembly, the Council rejects or fails to pass it, or returns the Bill to the Assembly with a Message suggesting an amendment to which the Assembly disagrees, the Bill will automatically be presented to the Governor for Royal Assent.

What happens if a non-Appropriation Bill is rejected? If a Bill that is rejected during its passage through either House (this will almost invariably occur at the conclusion of the second reading debate) has failed to become law. Under changes introduced by the Constitutional (Parliamentary Reform) Act 2003, a non-Appropriation Bill that is passed by the Legislative Assembly but fails to pass the Legislative Council is now referred to as a Disputed Bill and can undergo a formal process to try to solve the impasse. Once it becomes a Disputed Bill, the Bill can be referred to the Dispute Resolution Committee. This Committee is convened following each Victorian general election. The Committee, consisting of seven Members of the Legislative Assembly and five Members of the Legislative Council, has been designed to resolve differences between the two Houses regarding Disputed Bills. The Committee has several options: it may decide that the Bill will pass without change, pass with amendments, or not pass at all. Whatever its decision, it must be made within 30 days of the Committee receiving the Disputed Bill. From this point forward, the life of the Disputed Bill has two alternative paths.

If the Committee reaches an agreed resolution, that is also accepted by both the Legislative Assembly and the Legislative Council, the Bill will pass through both Houses and become law. However, if the Committee is unable to agree on an outcome for the Disputed Bill, or if the Committee’s resolution is rejected by either House of Parliament, the Bill becomes known as a Deadlocked Bill. A Deadlocked Bill can be dealt with in two ways: The Governor can, on the advice of the Premier, dissolve the Legislative Assembly, causing a new election to be held for both Houses of Parliament, a process known as a double dissolution; or The Premier can withdraw the Deadlocked Bill until the following election. The Government can again present the Deadlocked Bill to the Legislative Assembly following the ‘double dissolution’ election or the next fixed term election. It can be presented in either its original form or the revised form put forward by the Dispute Resolution Committee. If the Legislative Assembly passes the Bill, it becomes law if also passed by the Legislative Council.

If the Council does not pass the Deadlocked Bill within two months of it being passed by the Legislative Assembly, the Governor can, on the Premier’s advice, call for a joint sitting of both Houses of Parliament to consider the Bill, where it must be passed by a majority of the total number of Members from both Houses to become law. What is special about Bills that alter Victoria’s Constitution Act? Prior to the Constitution (Parliamentary Reform) Act 2003 Parliament was able to alter the Victorian Constitution by an Act of Parliament, either passed by an absolute majority of members in each House or a simple majority, depending on the section being amended. Section 18 of the Constitution Act 1975 now allows for three methods by which the Constitution can be changed. These are: by a referendum of the Victorian electors conducted in accordance with the Electoral Act 2002; by a special majority, meaning 3/5ths of the whole number of Members of the Assembly and the Council respectively; and by an absolute majority of the whole number of the Members of the Assembly and the Council respectively.

Core provisions that can only be changed through a referendum are: the requirement to hold a referendum to change the core provisions of the Constitution; the number of Members and the quorum of the Council and the Assembly; the requirement for at least one session of Parliament each year; the inability of the Council to block Supply; the dispute resolution process for deadlocked bills; acceptance of Local Government as a distinct and essential tier of government; continuance of the Supreme Court; recognition of the Executive arm of Government and the Executive Council; continuance of the Auditor-General, the Director of Public Prosecutions, the Ombudsman and the Electoral Commissioner as independent officers of the Parliament; the Electoral Boundaries Commission’s functions; and Freedom of Information functions. In addition to the protection of certain ‘core’ provisions of the Constitution, the Constitution (Parliamentary Reform) Act 2003 has altered the manner in which procedural provisions of the Constitution can be changed. Such changes require a special 3/5ths majority of the whole number of Members of each House.

Procedural provisions entrenched in this manner are: the requirement for a special majority; provisions relating to the prorogation and dissolution of Parliament; powers of the Parliament; eligibility requirements for Members and voters; and the provision which enables a House to relieve a Member from the consequences of alleged defaults (e.g. breach of the office of profit provisions). The third method of altering the Constitution is by an absolute majority. Areas that require such a majority are: the requirement for an absolute majority; the membership of the Supreme Court, appointment of judges, reserve judges, judge’s and master’s salaries, allowances and pensions etc; and the jurisdiction of the Supreme Court (including the requirements for section 85 statements). Second reading (Lords) - UK Parliament Second reading (Lords) Bill starting in the House of Lords House of Lords Royal Assent What is second reading? Second reading is the first opportunity for members of the Lords to debate the key principles and main purpose of a bill and to flag up any concerns or specific areas where they think amendments (changes) are needed. Before second reading takes place Before a second reading debate takes place, members who would like to speak add their name to a list – the ‘speakers list’. What happens at second reading?

The government minister, spokesperson or a member of the Lords responsible for the bill opens the second reading debate. Any member can speak during second reading – this stage can indicate those members particularly interested in a bill, or a specific aspect of it, and those who are most likely to be involved in suggesting changes at later stages. Second reading debates usually last for a few hours but can sometimes stretch over a couple of days. What happens after second reading? After second reading the bill goes to committee stage – where detailed line by line examination and discussion of amendments takes place. This page requires the latest version of the Flash plugin and JavaScript to be enabled. You can download the latest version of Flash for free from adobe.com/go/getflashplayer Bills – The Canadian Legal Research and Writing Guide The origin of new legislation There are three different types of bills. New legislation sponsored by the government, known as a government bill, originates in government ministries. New legislation can also originate from a bill sponsored by a member of the legislature, known as a member’s bill. New legislation can originate from an initiative by private parties, known as a private bill. These readings are concerned with government bills.

The Cabinet minister sponsoring a bill consults with interested parties, studies the policy issues and considers the economic and social impact of the proposed legislation. Sometimes discussion papers are released to promote public consultation. The documents prepared during this initial stage can be important in determining the policy behind any legislation that is eventually introduced. Following study and consultation, a legislative proposal goes through the following steps before it is presented in Parliament: The Cabinet minister presents a legislative proposal to Cabinet. If Cabinet approves the proposal, legislative counsel prepare a bill. Once the minister and legislative counsel are satisfied with the bill, it is submitted to Cabinet. If approved by Cabinet, the bill is printed and proceeds to 1st reading in Parliament. Readings in the Legislature Federal legislation must pass three readings in both the House of Commons and the Senate before it is passed into law. Federal legislation is usually introduced first in the House of Commons, but it can originate in the Senate. First Reading in the House of Commons Second Reading in the House of Commons Commons Committee Third Reading in the Senate Royal Assent First reading The first reading occurs on the day the legislation is introduced. The sponsoring Cabinet minister will briefly introduce the bill in the legislature. There is no debate. Sometimes the bill is sent to committee for study at this stage.

The first reading version of the bill may contain explanatory notes. Some law libraries receive first reading bills in print form, but many rely on the electronic version posted on the Internet. Legisinfo is an excellent Internet site for obtaining copies of federal bills and also for tracking the progress of a bill and obtaining important information about the bill such as background papers and Hansard debates. For older sessions of Parliament (pre-1994 for the House of Commons, and pre-1996 for the Senate) Hansard is available from Historical Debates of the Parliament of Canada . Second reading During second reading, the sponsoring Cabinet minister explains the purpose of the bill, and debate takes place on the main principles of the bill. Speeches in the legislature by the Minister sponsoring the legislation can be important in determining the intention behind the legislation. The proceedings of the House of Commons and the Senate are recorded in Hansard, and are available from Legisinfo . They are also available in print form in law libraries. After the bill has passed second reading, it is sent to a parliamentary committee for detailed consideration on a clause by clause basis. This can be a legislative committee, a standing committee, or a Committee of the Whole House.

The committee can receive briefs or hear witnesses. Amendments to the bill can be proposed at this stage. See Parliamentary Internet for detailed information about parliamentary committees. Links to committee reports and proceedings are included in the Legisinfo profile for a bill. The committee reports on the bill to the legislative body in which the bill originated, and any amendments made to the bill are voted on by that legislative body. If the bill has been amended, it is reprinted prior to third reading. You may want to review a transcript or report of a committee’s proceedings to find why a bill was amended. In addition to being available through Legisinfo , proceedings and reports of parliamentary committees are also available in print in some law libraries. Third reading The final version of the bill is circulated for third reading. There is often no debate at this stage. Third reading versions of bills are available through Legisinfo . Passage by the other House Federal bills must be passed by both the House of Commons and the Senate. So the three readings described above must be repeated for the second legislative body. If the second legislative body amends the bill, it cannot become law without the agreement of the originating body to the amendments.

If the originating body will not agree, representatives of both Houses will try to reach a compromise. If no compromise can be reached, the legislation cannot become law. Royal assent and coming into force After the bill passes third reading in both Houses, it receives royal assent from the Governor Governor, the Queen’s representative. At that time it is assigned a chapter number. As soon as practicable after the bill has received royal assent, it is published in the Canada Gazette , Part III. As of April 1, 2003, the Internet version of the Canada Gazette has official status equivalent to that of the print version. Eventually, the government publishes hard cover volumes containing all legislation passed in a particular year. The third reading versions of any legislation passed in that year will be included. These volumes are referred to as sessional volumes . If the bill is silent on how and when it comes into force, then it comes into force immediately on receiving royal assent. If the bill indicates that it is to come into force in some other way, then it does not come into force on royal assent. See section 5 of the Interpretation Act, R.S.C. 1985, c. I-21.

A common way for a bill to come into force is by regulation. This means that the bill does not come into force until the Governor in Council (in other words, Cabinet) issues an order in council proclaiming the legislation into force. Legisinfo contains in force information for federal bills. Other print sources of proclamation information are the Canada Statute Citator and the Table of Public Statutes . Once you have found a reference to an order in council, you may want to find a copy of the order itself. To do this, you must go to the Canada Gazette , Part II. Current print issues are in pamphlet format. Older issues are usually bound by year and contain an index. Go to the volume for the year of the regulation, and look it up by number. Ascertaining the status of a bill There are various ways to ascertain the status of a bill and to obtain references to the documents arising out of the legislative process. Electronic sources for obtaining this type of information include: Canadian Legislative Pulse published by CCH. Citing a bill The proper format for citing a federal bill includes the bill number, the name of the bill, the legislative session, and the year.

Bill C-28, Pearson International Airport Agreements Act, 2nd Session, 35th Parliament, 1996.

Question: In the passing of a Government Bill, what follows the Third Reading?
Answer: Royal Assent